presentatives and that of hearing and
determining in the Senate. But although for the special purposes which
have been mentioned there is an occasional intermixture of the powers of
the different departments, yet with these exceptions each of the three
great departments is independent of the others in its sphere of action,
and when it deviates from that sphere is not responsible to the others
further than it is expressly made so in the Constitution. In every other
respect each of them is the coequal of the other two, and all are the
servants of the American people, without power or right to control or
censure each other in the service of their common superior, save only
in the manner and to the degree which that superior has prescribed.

The responsibilities of the President are numerous and weighty.
He is liable to impeachment for high crimes and misdemeanors, and on
due conviction to removal from office and perpetual disqualification;
and notwithstanding such conviction, he may also be indicted and
punished according to law. He is also liable to the private action
of any party who may have been injured by his illegal mandates or
instructions in the same manner and to the same extent as the humblest
functionary. In addition to the responsibilities which may thus be
enforced by impeachment, criminal prosecution, or suit at law, he
is also accountable at the bar of public opinion for every act of his
Administration. Subject only to the restraints of truth and justice,
the free people of the United States have the undoubted right, as
individuals or collectively, orally or in writing, at such times and in
such language and form as they may think proper, to discuss his official
conduct and to express and promulgate their opinions concerning it.
Indirectly also his conduct may come under review in either branch of
the Legislature, or in the Senate when acting in its executive capacity,
and so far as the executive or legislative proceedings of these bodies
may require it, it may be exercised by them. These are believed to be
the proper and only modes in which the President of the United States
is to be held accountable for his official conduct.

Tested by these principles, the resolution of the Senate is wholly
unauthorized by the Constitution, and in derogation of its entire
spirit. It assumes that a single branch of the legislative department
may for the purposes of a public censure, and without any view to
legislation or